BYOD (Bring Your Own Device) has become a trend in the corporate world whereby employees can use their personal mobile device to access work email or perform other work related tasks. However, allowing employees to use personal devices in the workplace may expose companies to litigation risks. For example, when a company is being sued, they may need evidence that an employee may have stored on a personal device. Gaining access to the device and obtaining data while respecting employee privacy can become a legal minefield. Because some jurisdictions have stricter data privacy regulations than others, employers could face unintended consequences if they access or delete company data stored on a personal device without the owner’s permission.
Smart employers develop BYOD policies not only to address BYOD network security and data protection, but also how the company gains employee consent to access personal devices. To protect themselves from risk, companies must incorporate e-discovery concerns into their BYOD policies, execute e-discovery in a way that limits access to private employee information and anticipate the increased cost of e-discovery in the BYOD workplace.
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